State v. Pierce’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “And let the record show that the defendant, Wade H. Kennon, is present in Court. And Mr. Kennon you’re present in Court today to answer the allegations contained in the bill of information filed by the State of Louisiana in accordance with R.S. 15:529.1, commonly referred to as the habitual offender law. The law requires that you and your attorney appear in open Court, that this Court inform you of the allegations contained in the bill of information and of your right to be tried as to the truth thereof and this Court shall require that you respond to the allegations. If you deny the allegations you will be given fifteen days to file a written response setting forth your particular objections to the bill of information. I will fix a hearing date at which time there will be a contradictory hearing to determine the truth of the allegations. At the contradictory hearing the State of Louisiana shall have the burden of proof beyond a reasonable doubt on any issue of fact. You shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by your written response. You have the right to remain silent, you cannot be required to testify against yourself, you do not have to admit the allegations. Your Court appointed attorney is present today and you do not have — and you do have the right to an attorney at the contradictory hearing. At the contradictory hearing this Court must determine if the allegations in the bill of information are true and correct a”

   1 later decision quote this exact passage
   e.g. State v. Kennon

2. “The record before us, specifically the colloquy between the trial court and the defendant, demonstrates that not only did the trial court fail to inform the defendant of his right to remain silent but it also required the defendant to acknowledge or refute his alleged status as a second felony offender before it informed the defendant of his right to a hearing. Furthermore, we note that the record is devoid of any other evidence substantiating the defendant's prior criminal record. Consequently, the defendant's habitual offender adjudication and sentence must be vacated, and the matter remanded for proceedings consistent with this opinion. (Citations omitted).”

   1 later decision quote this exact passage
   e.g. State v. Brown